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SIKANDAR MAHMOOD versus SAEED HASSAN


CPC Appeals Civil Procedure Code Order XLI Original Decree OV, R 20, O XLI, R 21 and O XLIII, RI Alternative Service Mode Mandatory Approval of the Applicant for Pre-Hearing of the Applicant and Deletion of the Plaintiff's Trial had gone. By the trial court, the effect of alternative services on the respondents (defendants) was not in line with the delivery of OV, R20, the CPC appeals court did not conclude that the defendant (s) were deliberately refusing to serve. The publication of the notice in the local newspapers is affected by this, without first acknowledging that the plaintiffs' personal service is not possible, especially in the absence of any evidence on record to prove that the service was tainted. For the purpose of avoidance, the paths are left out of the way, the right service cannot be considered. The record must show that efforts made to obtain personal service did not come into service because of a person's fault. After the art is made, reference in the newspaper will not be sustainable, first for alternative services. , Efforts should have been made to copy the summons / notice on the notice board of the court house and another copy on the exterior of the house where the defendants were last residing, as well as references thereto. Given that alternative service cannot be guaranteed, on the basis of which the former Part Degree is approved, lasting agreement According to the law of the law, the decision was not presented to the appellate court.

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